JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

 

MARCH 18, 2022 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (Alt.)

 

The times and order specified for the agenda items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

1. 9:00 a.m. Convene, Seating of Alternates, and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revisions to Form

EXIR Expedited Amendment to Incorporation by Reference


CONSENT AGENDA

 

 

 

2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Interim Rules, and Expedited Revisions to Agency Forms:

 

 

 

(a) FP 2021-98

N.H. PHARMACY BOARD

Registered Pharmacy Technician Duties and Qualifications

(JLCAR Deadline April 19, 2022.)

APPROVED

Rule Memo

 

 

(b) FP 2021-111

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Older Americans Act Services (Title III)

(JLCAR Deadline April 4, 2022.)

APPROVED

Rule

 

 

(c) FP 2021-118

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Amendments to Composting Facility Requirements

(JLCAR Deadline April 26, 2022.)

APPROVED

Rule

 

 

(d) FP 2021-119

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Amendments to Composting Facility Requirements

(JLCAR Deadline April 26, 2022.)

APPROVED

Rule Memo

 

 

(e) FP 2021-123

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Healthcare Associated Infections Reporting

(JLCAR Deadline April 19, 2022.)

APPROVED

Rule Forms

 

 

(f) FP 2021-127

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Family Assistance

Physical Therapy, Occupational Therapy and Services For Individuals

With Speech, Hearing, and Language Disorders

(JLCAR Deadline April 18, 2022.)

APPROVED

Rule

 

 

(g) FP 2021-138

 

CURRENT USE BOARD

Assessment Ranges for Forest Land Categories,

With and Without Stewardship

(JLCAR Deadline April 12, 2022.)

APPROVED

Rule

 

 

(h) INT 2022-3

 

BOARD OF EDUCATION

Criminal History Record Check for New Applicants and PEPP Candidates

(JLCAR Deadline June 1, 2022.)

APPROVED

Rule Form

 

 


 

(i) EXRF 2022-2

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revisions to the New Hampshire Health Professions

Survey Opt-Out Form, the New Hampshire Alcohol and Drug

Counselor Licensure Survey, the New Hampshire Psychologist

Licensure Survey, and the New Hampshire Physician Licensure Survey

(No JLCAR Deadline.)

APPROVED

Rule

 

 

(j) EXRF 2022-3

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revisions to the New Hampshire APRN Licensure Survey and the

New Hampshire Mental Health Practitioner Licensure Survey

(No JLCAR Deadline.)

APPROVED

Rule

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

(a)    INT 2022-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Deemed Income for Financial and Medical Assistance

(JLCAR Deadline May 11, 2022.)

CONDITIONAl APPROVAL

Rule CA Request

 

 

(b)   INT 2022-2

BOARD OF MEDICINE

Waiver of Electronic Prescription Requirement

(JLCAR Deadline May 25, 2022.)

CONDITIONAl APPROVAL

Rule CA Request Forms

 

 

4. 9:11 a.m. Committee Acceptance of Agency Responses to Objections:

 

 

 

(No items)

 

 

 

5. 9:12 a.m. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

 

 

(No items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted is whether there is an agency response and subsequent confirmation by the Office of Legislative Services that

the proposals have been amended as conditionally approved. No further Committee action is required in

that case:

 

 

Conditionally Approved February 18, 2022:

 

 

FP 2021-102

 

BOARD OF EDUCATION

Education Freedom Accounts

(Response received February 18, 2022 and confirmed on February 18, 2022.)

 

 

FP 2021-117

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Disbursement of Child Support Payments

(Response received February 23, 2022 and confirmed on February 25, 2022.)

 

 


 

FP 2021-128

 

DEPARTMENT OF EMPLOYMENT SECURITY

Job Training Program and Work Search Waivers

for WorkNowNH

(Response received February 22, 2022 and confirmed on February 25, 2022.)

 

 

REGULAR AGENDA

 

 

6. 9:13 a.m. Consider postponing action on certain items to another meeting.

 

 

7. 9:15 a.m. N. H. PHARMACY BOARD

 

 

FP 2021-122

Application to Operate a Non-Resident Mail-Order Pharmacy

(JLCAR Deadline April 19, 2022.)

CONDITIONAL APPROVAL

Rule Memo CA Request Forms Attachment

 

 

8. 9:25 a.m. BOARD OF NURSING

Emergency Rule

#13347

Renewal and Reinstatement Requirements for Nursing Licenses

(Effective February 28, 2022. Scheduled to expire August 27, 2022.)

NO ACTION

Rule Memo

 

 

9. 9:35 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

OR 2021-104

Transfer of Animals and Birds

(Response received March 7, 2022. JLCAR Deadline April 26, 2022.)

POSTPONED

Objection Response Attachment

 

 

10. 9:45 a.m. POLICE STANDARDS AND TRAINING COUNCIL

 

FP 2021-17

 

Annual In-Service Training

(JLCAR Deadline April 25, 2022.)

CONDITIONAl APPROVAL

Rule Memo CA Request Amended CA Request

 

 

11. 9:55 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Emergency Rule #13350

Former Division of Mental Health and Developmental Services

Process for Involuntary Emergency Admission

(Effective March 16, 2022. Scheduled to expire September 12, 2022.)

NO ACTION

Rule

 

 

OTHER BUSINESS

 

12. 10:00 a.m.